Filing California Divorce Forms Form 4 of 10 the FL115
Hi! I’m Cristin Lowe, and we are back on basically how to file for divorce, and how to start the divorce process. So, you have successfully filed your petition, your summons, and if you have minor children your UCCJEA. What next? Well, the next step is serving your spouse. And once you serve your spouse, you’re going to be filling out a proof of service of summons So, we’re back on the homepage, we’re gonna go to commonly used forms, and we are going to go down to proof of service of summons, which is FL 115 or FL one fifteen. Alright, so, yes! Is this feeling like deja vu yet? Yes! We are gonna start just like we always do, with filling out your name. In this case, let’s go back to our beloved.
John Smith, and John lives at 124, Rose Street in San Ramon, California because we are in Contra Costa County and the zip code 94582. His phone number: 415.442.5577. Again, it does not have to be your home number, but it does need to be a number where the court can contact you at. Fax number, email address, completely optional Contra Costa County as of this year, they’re still not emailing anyone.including attorneys. â€œAttorney for:â€�, we’re gonna fill it out in quot;pro perquot;, meaning â€œselfrepresentedâ€� you’re representing yourself throughout this case. If you want to use fancy schmancy words, you can put in propria persona it all means the same thing. We are in the county of Contra Costa, and.
The street address is 751 Pine Street and the city is Martinez (we only have one family law center in all of Contra Costa County), Mailing address: Sorry, I missed that that would be uh PO Box 911 that’s not at all ironic and the city zip code, Martinez California 94553. And if you wanna get fancy the branch name is the Peter L Spinetta Family Law Center, and even if you don’t want to fill that out on your forms, it is important for you to know the building because if you go down to the courthouse it is referred to as the Spinetta Family Law center. Yes, and the petitioner that would be John Smith, and the respondent would be Jane Smith. And by now that you’ve filed for your divorce case, you do you have.
A case number so by the time you get to your FL 115, you must fill out your case number. And in this case, if you are filing in 2015, it will always start with a quot;D 15 quot; and then whatever 5 digit case number it is. But you are required as of this form on to be always putting in your case number. Alright so now we are going to let you know what the court hours are, which in Martinez are going to be from 8 a.m. until 1 p.m. If you arrive at 8 o’clock right on the dot, that’s exactly when the courthouse is opening so I usually recommend getting there about 8:05 or 8:10. Alright, so when do you do the proof of service? Well, after you’ve served your spouse. How do you serve your spouse? Well, there are.
Two ways to serve your spouse. First way (and the most common way) is by personal service. What does that mean? It means somebody over the age of 18 who is not you (meaning the petitioner) has served your spouse (meaning the respondent) with a copy of the papers. The other way is by proof of service by mail, and notice of acknowledgement or receipt. The other way it by mail and what I usually say as a test is if you two are getting along, this is amicable, this is expected you can do it by mail, and it’s a less invasive, it’s a nicer way of doing it but, and here’s the caveat, the caveat is that your spouse has to be responsible enough to sign the document and send it back to you (or give it back to.
You). Otherwise it’s not valid service. What does a proof of service of summons mean? It means that you have actually served your spouse. what does service actually mean? It means that the clock starts ticking meaning, your case doesn’t officially start. It takes a minimum of 6 months and a day to get divorced. When does that clock start ticking? It starts ticking the day your spouse is served with the petition and the summons. So the proof of service of summons is incredibly important, and if you want to get divorced, you have to fill this form correctly and yo u have to file with the court on time. So let’s get started at the time of service I was at least 18 years of age and not a party to this action.
Who is going to be signing this form? It is the person who is serving the document so you are not actually signing this document that’s the first thing to remember. It is whoever is actually serving the documents for you. My recommendation is that you fill out the form as much as possible, so all that person has to do is sign, but it’s up to you to make sure that the person signing the document has done so correctly. So you’re gonna check in this case quot;1Aquot;, why? Because you’re filing and serving the divorce papers. So, the petition which is the FL 100, and the summons which is the FL 110, and, and this is where people forget, you need to serve a blank response which is the FL 120, and we will talk about.
Obtaining an Uncontested Divorce in Ontario
Hello, my name is Brian Galbraith, I’m the owner of Galbraith Family Law. We’re a law firm of divorce lawyers located in Barrie, Orillia and Newmarket, Ontario. How to obtain your uncontested divorce? Well, an uncontested divorce is the final step in the dissolution of your marriage. Usually we don’t proceed with the divorce until all of the other divorce related issues are resolved. So, those issues might involve the children, such as custody and access or child support, spousal support, division of property or equalization of property. Once those issues are resolved then there should be no contest, there should be no fight in other words, and the divorce can be obtained as a matter of course.
Usually those divorce related issues that I listed are resolved by way of a separation agreement through negotiations but sometimes we have to go to court to ask a judge to resolve the divorce related issues. So, once those are resolved, documents are filed at court, they’re served on your spouse and the divorce can proceed. It’s just a matter of documents being filed with the judge. You don’t actually have to appear before a judge to obtain an uncontested divorce. In our county a divorce usually takes six to nine months to obtain. There are some reprieve requirement that you need to meet before you can obtain a divorce. First, you have to have been married. You can’t get a divorce or you don’t need to obtain.
A divorce if your relationship was a commonlaw relationship, so you have to have been formally married before you need to obtain a divorce. The second requirement is that either you or your spouse must be living in Ontario and have been living here for at least one year prior to the date you filed for your divorce. Also, when you’re filing for the divorce you file at the courthouse where one of you is residing, in the area where one of you is residing. Perhaps the most important requirement to obtain the divorce is that there needs to be proper child support being paid, in accordance with the child support guidelines. So, the only exception to that is if there.
Is some other direct benefit being transferred to the children. So, for example, if the payer of child support has transferred their interest in the equity of the matrimonial home to the recipient probably a judge would say that is beneficial to the children and that’s good enough and the judge will let the divorce proceed. So, you either have to be paying in accordance with the child support guidelines of proper level of support or paying in a different direct way to the benefit of the children in order to obtain a divorce. So, some people say why get a divorce. Well, that’s a good question. The answer is that there is a sense of closure when you obtain that divorce. It means that it’s finally over.
That may not mean a lot to you right now but when you start dating, I’ll tell you, potential new partners are not too impressed if you’re still married. Since it takes six to nine months to obtain a divorce, it’s better just to proceed with it and get it done now so that there’s no barriers to any future romantic relations. So, if you need some help with your uncontested divorce, we’re pleased to help you. We do dozens and dozens of divorces every year. If you see at the bottom of this our website, it’s galbraithfamilylaw . on that and you can book a consultation with one of our lawyers. If this tutorial has been helpful, just give it a thumbs up. We would really appreciate your support. Thanks.